[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Rules and Regulations]
[Pages 15090-15091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8262]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07 98-003]
RIN 2115-AE46


Special Local Regulations; Miami Beach, Florida

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local 
regulations for the Miami Super Boat Race. This event will be held 
annually on the third Sunday of April 1000 feet offshore Miami Beach, 
between 12 p.m. and 4 p.m. Easter Daylight Time (EDT). The regulations 
are necessary to provide for the safety of life on navigable waters 
during the event.

DATES: This rule becomes effective on March 30, 1998.

FOR FURTHER INFORMATION CONTACT:
LTJG J. Delgado, Coast Guard Group Miami, FL at (305) 535-4409.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On February 17, 1998 (63 FR 7741), the Coast Guard published a 
Notice of Proposed Rulemaking to establish permanent special local 
regulations for the Miami Super Boat Race, which will be held annually 
on the third Sunday in April. No comments were received during the 
comment period.

Background and Purpose

    Super Boat International Productions Inc., is sponsoring a high 
speed power boat race with approximately thirty-five (35) race boats, 
ranging in length from 24 to 50 feet, participating in the event. There 
will be approximately two hundred (200) spectator craft. The race will 
take place in the Atlantic Ocean 1,000 feet off the Miami Beach shore, 
from the Miami Beach Clock Tower to Atlantic Heights. The race boats 
will be competing at high speeds with numerous spectator crafts in the 
area, creating an extra or unusual hazard in the navigable waterways. 
These regulations will create regulated areas for the competing vessels 
and for spectator craft.
    In accordance with 5 U.S.C. 553, good cause exists for making these 
regulations effective in less than 30 days after Federal Register 
publication. Delaying the effective date would be contrary to national 
safety interests since immediate action is needed to minimize potential 
danger to the public as the event is scheduled to occur in less than 30 
days. Further, upon receiving the permit application, the Coast Guard 
published a Notice of Proposed Rulemaking and received no comments. The 
permit application was not received in time to allow for an acceptable 
comment period and a 30 day delay in the effective date of the 
regulations.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposed rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. Entry into the regulated area is prohibited for only four 
hours on the day of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), The 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdiction with populations of less than 
50,000.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule would not have a significant economic impact on a substantial 
number of small entities as the regulations would only be in effect for 
approximately four hours for one day each year.

Collection of Information

    These regulations contain no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to section 2.B.2.a (CE #34(h)) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Final Regulations

    In consideration of the foregoing, the Coast Guard amends Part 100 
of Title 33, Code of Federal Regulations, as follows:

PART 100-[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233, 49 CFR 1.46 and 33 CFR 100.35.


[[Page 15091]]


    2. A new section 100.730 is added to read as follows:


Sec. 100.730  Annual Miami Super Boat Race; Miami Beach, Florida

    (a) Regualted area. (1) A regulated area is established by a line 
joining the following points: 25-46.3N, 080-07.85W; thence to, 25-
46.3N, 080-06.82W; thence to, 25-51.3N, 080-06.20W; thence to, 25-
51.3N, 080-07.18W; thence along the shoreline to the starting point. 
All coordinate referenced use Datum: NAD 83.
    (2) A spectator area is established in the vicinity of the 
regulated area for spectator traffic and is defined by a line joining 
the following points, beginning from: 25-51.3N, 080-06.15W; thence to, 
25-51.3N, 080-05.85W; thence to, 25-46.3N, 080-06.55W; thence to, 25-
46.3N, 080-06.77W; and back to the starting point. All coordinates 
referenced use Datum: NAD 83.
    (3) A buffer zone of 300 feet separates the race course and the 
spectator areas.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than event participants is prohibited unless otherwise authorized 
by the Patrol Commander. At the completion of scheduled races and 
departure of participants from the regulated area, traffic may resume 
normal operations. Traffic may be permitted to resume normal operations 
between scheduled racing events, at the discretion of the Patrol 
Commander.
    (2) A succession of not fewer than five short whistle or horn 
blasts from a patrol vessel will be the signal for any and all vessels 
to take immediate steps to avoid collision. The display of an orange 
distress smoke signal from a patrol vessel will be the signal for any 
and all vessels to stop immediately.
    (3) Spectators are required to maintain a safe distance from the 
race course at all times.
    (c) Dates: These regulations become effective annually at 12 p.m. 
and terminate at 4 p.m. EDT on the third Sunday in April.

    Dated: March 20, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 98-8262 Filed 3-27-98; 8:45 am]
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